Book 2 of 3: Flippin' Fantastic Romance. Today psychiatrists told Judge Jacob Walker III that, despite having an IQ of just 77, Graham was capable of understanding the consequences of her actions, and was eligible for capital punishment. 1987) ("[J]uror Larson indicated she would accord police testimony greater weight than that of other witnesses. [W]e are certain [the court] erred in refusing to strike Larson for cause."). KELLUM, Judge.. Lisa Leane Graham was convicted of hiring Kenneth Walton to murder her daughter, Stephanie "Shea" Graham, for "a pecuniary or other valuable consideration or pursuant to a contract or for hire," a murder defined as capital by 13A-5-40(a)(7), Ala. Code 1975. In her brief, Graham argues that a harmless-error analysis should not apply in this case because, she says, she was sentenced to the ultimate penalty and is entitled to heightened scrutiny on this claim. Other formats: Paperback. Ex parte Davis, 718 So.2d 1166, 1171-72 (Ala. 1998). Justice Shaw wrote that Rule 404(b) evidence is "admissible only when it is relevant to the crime charged and is not so remote as to lose its relevancy." P. The Alabama Supreme Court in Johnson v. State, 120 So.3d 1119 (Ala. 2006), held that when prior bad acts are introduced as substantive evidence of guilt there is no plain error when a court fails to sua sponte give a limiting instruction on the use of that evidence. When asked by defense counsel about Graham's ability to "act reasonably," Dr. King testified: Smith v. State, 213 So.3d 239, 252 (Ala. 2007). No count of the indictment charged that Graham had hired Walton to kill Ieisha Hodge. Ex parte Bohannon, 222 So.3d 525, 534 (Ala. 2016). App. '"); State ex rel. Second, Thompson testified in Graham's first trial and was subjected to cross-examination, and his testimony was admitted into evidence at Graham's second trial. Kevin entered the interrogation room where Graham was located and the two had a lengthy discussion before police formally questioned Graham. "Failure to answer questions on a juror questionnaire is a race-neutral reason for a peremptory strike." The Indiana Supreme Court in Norton v. State, 273 Ind. App. He is best known for competing on the thirteenth season of RuPaul's . See 13A-5-53(b)(1), Ala. Code 1975. We hold that, under the circumstances presented here, appellant's statement was not a clear and unambiguous request for counsel." As required by 13A-5-53(b)(3), Ala. Code 1975, this Court must determine whether Graham's death sentence was disproportionate to the sentences imposed in similar cases. It is the case of Stephanie "Shae" Graham. Miller v. State, 63 So.3d 676, 701 (Ala. Crim. Ex parte Whirley, 530 So.2d 865, 868 (Ala. 1988). Zestimate Home Value: $315,000. Graham next argues that the circuit court failed to instruct the jury that Graham had to have the specific intent to kill Shea before she could be convicted of capital murder. App. 4380-81.) On August 8, 2014, the Alabama Supreme Court likewise denied mandamus relief. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. They showed up at 6:30 PM but the Grahams weren't there. Jonathon Andrew Bradshaw, 32 - Trafficking Methamphetamine x 3, Possession of Explosives by a Convicted Felon. 4241.) (R. At this hearing, Sheriff Heath Taylor testified that on July 6, 2007, he met with Graham and her husband to inform them that their daughter's body had been discovered and that their daughter had been murdered. Stephanie Grisham was announced in June as President Donald Trump's newest press secretary. It's never been located." They had two young sons together, but were estranged. However, in the challenged argument the prosecutor did not state that Graham had given the gun to be cleaned the day after Shea was killed. more. gen., for appellee. 2535.). Benjamin v. State, 116 So.3d 115, 121-22 (Miss. indicated on their questionnaires that they had only a "fair" or "poor" opinion of lawyers. Rod Costello. They also had a son named Kevin Jr., and the Graham's appeared to be a very close family. The jury recommended, by a vote of 10 to 2, that Graham be sentenced to death. P. Graham relies on Varner v. State, 497 So.2d 1135 (Ala. Crim. 2d at 21 (emphasis added). We agree. Cookie Settings/Do Not Sell My Personal Information. App. It is clear that the circuit court did not instruct the jury that they could convict Graham of capital murder even if she did not have the specific intent to kill Shea. Other jurisdictions have also applied the harmless-error rule to a court's erroneous failure to remove a prospective juror for cause after that prospective juror was removed by a peremptory strike. Minor, J., concurs specially, with opinion, which Windom, P.J., and McCool, J., join. 222 Shea Ct, Graham, NC is a single family home that contains 1,455 sq ft and was built in 2009. An Alabama mother who paid a family friend to shoot her daughter dead because she was an 'inconvenience' has been sentenced to death. I was looking to see if there was a camera in them and couldn't see one." App. Sheriff Taylor testified as follows: Grover Goodrich, a former investigator with the Russell County Sheriff's Department, testified that he was involved in investigating the homicide. 2d at 379. She pieces together a mystery so effortlessly and brings us a memorable romance along the way. During closing arguments Graham's counsel did not mention Hodge. They stopped at the end of Highway 165 near Bowden Road so that Shea could go to the bathroom on the side of the road. for cause was harmless based on the Alabama Supreme Court's holding in Bethea v. Springhill Memorial Hospital. Graham (pictured in 2007 at the time of her arrest) also believed Shae was having an affair with her husband as the two always sided together in arguments, which was driving their marriage apart. The State's evidence tended to show that on July 5, 2007, Earlic Dinkins was driving on Highway 165 near Bowden Road when he discovered the partially nude body of Shea Graham lying on the side of the road. 2585.) 2348, 120 L.Ed.2d 33 (1992); and to gender in J.E.B. According to Hemilburger, "Lisa [told him that] she was tired of the little bitch [Shea], and that she said that she would pay [him] five thousand dollars if [he] would kill her. 3480.) (R. (C. First, Graham argues that the following argument was improper because, she says, it was a comment on the fact that she did not testify. 292, 298, 998 A.2d 500, 504 (2010) ("`[T]he declaration of mistrial rendered nugatory all of the proceedings during the first trial,' Further, `[a] mistrial is not a judgment or order in favor of any of the parties. Dinkins v. State, 894 S.W.2d 330, 351 (Tex. Indeed, this Court has discussed the broad application of 13A-5-40(a)(7). Charlotte R. Morrison and Claudia B. Flores , Montgomery; Robert G. Poole , Opelika; and Margaret Y. The circuit court indicated that it was going to read the fourth element as the jury had previously been instructed and then give them Graham's requested charge number two. could be reconciled with the public interest in obtaining the adjudication of guilt or innocence." See also People v. Ortega, 370 P.3d 181, 190 (Colo. App. (R. Davis v. State, 718 So.2d 1148, 1157 (Ala. Crim. Graham makes a more detailed argument in her brief to this Court. Ex parte Walker, 972 So.2d 737, 754 (Ala. 2007). 366.) The comments below have been moderated in advance. 1999). In other words, Walton sought something of economic value for murdering Shea." According to 13A-5-53(b)(2), Ala. Code 1975, this Court must independently weigh the aggravating circumstances and the mitigating circumstances to determine the propriety of Graham's death sentence. He told her that he could not talk to her until she had been notified of and waived her Miranda rights. There was no proof at trial that a different crime was committed from the one charged in the indictment; therefore, there was no fatal variance in this case. 2597.) However, we have examined the record and find no evidence indicating that the jury that convicted Graham was biased or impartial. Directors Stuart Jones Eve Rodrick Writer Renee Turner Stars App. Here, Graham did not specifically ask for counsel, although she did mention the word attorney during questioning. Looking for Stefanie Shea online? App. The United States Supreme Court in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. Graham was tried in February 2015 and convicted in March 2015. 1981). 2015), quoting State v. Williams, 364 Wis.2d 126, 148, 867 N.W.2d 736, 746 (2015). Billy Graham, appearing before . Listed below are those cases in which this Featured Case is cited. Graham (pictured at an earlier stage in proceedings) hated daughter Stephanie 'Shae' Graham because she was a drug user and stripper, the court heard, and often talked about having her killed. For the above reasons, we find no reversible error in the circuit court's jury instructions on intent. 1. P., provides: In discussing the scope of Rule 45A, the Alabama Supreme Court has stated: Ex parte Brown, 11 So.3d 933, 938 (Ala. 2008). Category: People & Blogs. Thus, Graham is due no relief on this claim. She argued that the State had failed to prove that any money exchanged hands for the murder. Also, the fact that Walton had received no benefit before the murder did not negate the application of 13A-5-40(a)(7). should have been removed for cause based on her comments concerning the credibility of Sheriff's Taylor's testimony. Death 05 July 2007 - Russell County, Alabama, USA. Indeed, Graham meets none of the three factors discussed in Perkins. App. Nonetheless, we reach the same holding that this Court reached when it issued its order denying Graham's mandamus petition. 314, 325, 174 P.3d 1205, 1211 (2007). The identity of her killer will prove to be more shocking than ever imagined. 4271.) Therefore, we review this claim for plain error. Graham's interpretation of the instructions is strained and not supported by the entire instructions.19. Graham next argues that the prosecutor's closing arguments in the guilt phase were erroneous. The Russell Circuit Court found that the murder was committed for pecuniary gain, an aggravating circumstance listed in 13A-5-49(6), Ala. Code 1975, and sentenced Graham to death.2 This appeal, which is automatic in a case involving the death penalty, followed. Graham was accused of persuading longtime family worker Kenneth Walton to kill daughter Stephanie Shea Graham, who went by Shea. As noted above, the officers testified that Graham did not appear confused and that she appeared lucid. at *2-3 (citing (R. However, E.P. (R. CR-12-1690, October 2, 2013), 173 So.3d 12 (Ala. Crim. Walker, 928 So. Reasons for the Delay. Graham was placed in an interview room, and police were going to talk to Graham when Kevin asked police if he could go talk with her. v. Alabama, 511 U.S. 127, 114 S.Ct. See Sockwell, supra. Graham next argues that she cannot be sentenced to death because, she says, the jury failed to find an aggravating circumstance to support the death penalty. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Graham also argues that the death penalty violates the Eighth Amendment's bar against cruel and unusual punishment. It contains 3 bedrooms and 2 bathrooms. 2000). (Graham's brief at p. Clearly, the prosecutor's argument was not that the jury should ignore mitigating evidence but that the jury should not rely on the mitigating evidence that Graham presented. Stephanie Graham's Tweets. 4227.) The circuit court correctly allowed the prospective jurors to be death-qualified concerning their views on capital punishment. Accordingly, there was no error, much less plain error, in the State's asking Kevin about Graham's relationship with her daughter Shea. (Graham's brief at p. It took jurors just two hours of deliberations to find her guilty, and only a further hour to recommend the death penalty. 2003), quoting Varner v. State, 497 So.2d 1135, 1137 (Ala. Crim. App. He shot Shea two times in her head and then four times in her chest. "[T]he accused may be subjected to a second trial only where the prosecutor can demonstrate manifest necessity for terminating the first trial." App. Graham is due no relief on this claim. The record shows that E.P. Stephanie Shea is a Senior Associate General Counsel at Johns Hopkins University based in Baltimore, Maryland. 393-2534.) ]" Id. 2003). In 2007, after a night out with friends, 20 year old Stephanie Shea Graham fails to return home. Prosecutors told how Graham hated her daughter because she was hooked on drugs, was working as a stripper and possibly a prostitute, and had dropped out of college. Investigation Discovery is airing a one-off special featuring the murder of Stephanie 'Shea' Graham, who was brutally murdered in rural Alabama by hired stooge Kenneth Walton. 280-301.). Graham first argues that her statements were involuntary because, she says, she made several references to an attorney and the police should have followed up on whether Graham wanted an attorney present for questioning. (C. The court reinstructed the jury as requested by Graham as follows: (R. Graham further argues that her conversation with her husband was the functional equivalent of a police interrogation and that, therefore, she should have been advised of her Miranda rights before the conversation took place. Graham's purported evidence that Shea could have used the death of Earl Taylor to her advantage was based on pure speculation and "would [have] serve[d] only to confuse the jury." Petric v. State, 157 So.3d 176, 217 (Ala. Crim. The court stated: 273 Ind. presa canario attacks owner, colonial funeral home obituaries waterbury, ct, lynn noe landon obituary, We find no evidence indicating that the death penalty violates the Eighth Amendment 's bar against cruel and punishment. Race-Neutral reason for a peremptory strike. 7 ) no reversible error in the contents above are of! Varner v. State, 894 S.W.2d 330, 351 ( Tex be sentenced to.. Allowed the prospective jurors to be a very close family at 6:30 PM the. Money exchanged hands for the murder more detailed argument in her head and then four in... Did not appear confused and that she appeared lucid Miranda rights claim for plain error ; Shae quot! 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